File No. 818.00/251

Minister Ewing to the Secretary of State

No. 535

Sir: I have the honor to refer to Department’s September 21, 5 p.m. in which I am instructed to inform the Government of Honduras that the United States desires it clearly understood that she has not recognized Tinoco’s Government of Costa Rica and would not regard his recognition by the Government of Honduras as evidence of a friendly feeling toward the United States.

This instruction was complied with on September 24 and I attach hereto a copy of the note to the Foreign Office; enclosure No. 1.

I further have the honor to refer the Department to my October 2, 5 p.m.1 stating that a reply had been received to my note of the 24th instant, said reply setting forth the explanation of the Government of Honduras for its recognition of Tinoco’s Government. The Foreign Minister states Honduras recognized Tinoco’s Government in Costa Rica under the first article to the Additional Treaty to the General Treaty signed in Washington December 20, 1917, by the Central American Governments. He further states his Government abstained from granting recognition to General Federico Tinoco, as President of Costa Rica, during the time he exercised a de facto power, but later when General Tinoco announced before the Constitutional Assembly of Costa Rica, he had taken possession of the Presidency; said announcement having been duly accepted by the representatives of the people of Costa Rica, Honduras was in duty bound to extend recognition. This recognition was extended not by an expressed act, but by the reply of Honduras on June 11, 1917, to the autographed letter of General Tinoco announcing the fact of his having taken the Presidency, before the Constitutional Assembly of Costa Rica, by virtue of election by his fellow citizens.

The Foreign Minister, the day previous to the receipt of Department’s cable of September 21, when questioned as to whether or not Honduras had recognized Tinoco’s Government, stated recognition had been extended some time in May; said recognition having been granted under the well established rules of international law.

From a conversation I had with the Foreign Minister on Saturday, October 6, he showed considerable anxiety over this situation and expressed the hope that an answer to his note of September 29 would soon be forthcoming from the Government of the United States. It is clearly evident, from the tenor of his note, that Honduras is most anxious to assure the United States of its desire to maintain the most cordial relations but to excuse the recognition of Tinoco’s Government on the grounds of Honduras having acted only in accordance with the declaration of high political morality as set forth in the note of September 24 and according to precedent under the rules of international law.

With reference to the refusal of the Government of the United States to recognize the Government of Tinoco I feel confident this Government takes the same position as expressed to me by the representative of Salvador; i. e., that the United States has granted [Page 346] recognition to Russia, China and Peru why not recognize Costa Rica as there exists at the present time no opposition to Tinoco in Costa Rica. This view of the situation has been commented upon in one of the publications of recent date.

I have the honor to suggest that a reply of some nature be made to the Government of Honduras, for the Foreign Minister, on behalf of his Government, has, on several occasions, referred to his note as meriting a reply.

I have the honor to enclose herewith copy of my note to the Foreign Office under date of September 24, together with a copy of the reply of the Government of Honduras and a translation of same, all in triplicate.

I have [etc.]

John Ewing
[Inclosure 1]

Minister Ewing to the Minister of Foreign Affairs

Excellency: I have the honor to inform your excellency of the receipt of a cablegram from the Honorable the Secretary of State of the United States of America, under date of September 21, 1917, just received, which is as follows: [Here follows Department’s telegram of September 21, 1917, 5 p.m.]

I improve this opportunity to repeat to your excellency [etc.]

John Ewing
[Inclosure 2—Translation]

The Minister of Foreign Affairs to Minister Ewing

Mr. Minister: In reply to the courteous note of your excellency dated the 24th day of this month, by means of which you were pleased to communicate to me the attitude of your Government with reference to the Government in Costa Rica presided over by General Federico Tinoco, I have the honor to make known to you the following:

The Additional Treaty to the General Treaty signed in Washington December 20, 1917, by the Central American Governments, contains in its first article the stipulation which says:

“The Governments of the High Contracting Parties shall not recognize any other Government which shall come into power in any of the five Republics as a consequence of a coup d’état, or of a revolution against the recognized Government, so long as the freely elected representatives of the people thereof, have not constitutionally reorganized the country.”

The Government of Honduras in compliance with this stipulation abstained from recognizing General Federico Tinoco as President of Costa Rica during the time he exercised a de facto power, abstaining from entering into relations officially with his Government, so long as it had no knowledge that the freely elected representation of that people had reorganized the country in constitutional form.

But with this condition fulfilled, whose compliance was confirmed by the autograph letter in which General Federico Tinoco announced that he had taken possession of the Presidency, before the Constituent Assembly of Costa Rica, by virtue of election by his fellow citizens, the Government of Honduras, incompliance with this same article of the Additional Treaty, was in duty bound to recognize that Government, which it did, not by an expressed act, but by the reply it gave on the 11th of June, last, to the mentioned autograph letter, official relations with the Government of Costa Rica remaining open since that date. Such act, conforming to the principles of international law, does not signify in any [Page 347] manner appreciation of the justice or injustice of the means which gave as their result the presence of Mr. Tinoco in power, but merely the recognition of the indisputable fact of the existence of a Government which, without opposition in Costa Rica, exercises supreme power and assumes international obligations, the sole requirement of international law in such cases.

The Government of Honduras in opening its relations with Costa Rica, after having had communicated to it the election of Mr. Tinoco and having been informed that the Constituent Power had given to him possession of the Presidency, has believed that it has proceeded in accord with the declaration of high political morality of the Government of the United States of America, contained in the note which your excellency was pleased to address to me under date of February 10, in the following terms:

“The Government of the United States desires to set forth in an emphatic and distinct manner its present position in regard to the actual situation in Costa Rica, which is that it will not give recognition or support to any Government which may be established unless it is clearly proven that it is elected by legal and constitutional means.”

This declaration implies recognition in the event of the holding of elections by legal means, which are supposed to be employed when there is no complaint on the part of the populace living where they take place.

So understood the Government of Honduras, and doubtless so understood, also, the Governments of Guatemala and El Salvador, which recognized in the same form as Honduras the Government of Mr. Tinoco, after his election.

For the other part, the peculiar conditions of the Central American States, one of which is Costa Rica, the ties of family which unite them and the immediate and constant communication among them also have been determining motives for reestablishing relations with that country, as soon as it complied with the conditions demanded by the first article of the Additional Convention referred to.

I cherish the hope that the frank exposition preceding will carry to your excellency the conviction that my Government has believed itself to be proceeding in this delicate affair with regard for its international obligations and in harmony with the spirit of the declaration which your excellency was pleased to communicate to me. And I trust that the illustrious Government of the United States, with the good will with which it has contributed always to the progress and welfare of the Central American Republics, will continue extending the valued support of its friendship, so highly appreciated and recognized by the Government and people of Honduras.

I improve this opportunity to repeat to your excellency [etc.]

Mariano Vásquez
  1. Not printed.